APPEAL COURT

Taranaki Daily News, Volume LIV, Issue 201, 4 May 1912, Page 5

APPEAL COURT

JUDGMENTS DELIVERED. , . By Telegraph—Press Association. i Wellington, Yesterday. 1 The Appeal Court delivered its re- • served judgment in the case Bex v. Hassel and Campbell, and Rex v. , ' O'Shaughnessy. The Court unanimously affirmed the convictions, holding that the, ! evidence admitted under protest was inadmissible. v " In a judgment in the case Kauri , ~■ Timber Company v. Commissioner of Taxes and the Taupo Totara Timber Company v. the same, the Court held- ■;' that the money expended in the purchase of timber lands was expenditure of capi- '' tal, and the companies were not entitled u to deduct it from their profits as assessed A for income tax on the value of the stand. "| ing timber cut by them. Conditional ~\ leave to appeal to the Privy Council ml 'j granted in each case. '| The Appeal Court delivered its re- \ served judgment this morning in the l"\ case Pitcaithly v. McLean, appeal from "j the decision of Sir Robert Stout in an ■ & action arising out of a sub-contract for 'M the supply of shingle, etc., far the Wel» '\m fcgton Dock. The Court dismissed the, +s* appeal, upholding the decision of the \§ Chief Justice that appellants had no | right to damages, owing to no shingle | having been ordered by respondent. Jus» '*", tice Sir Joshua Williams dissented from . ' ! f the judgment of Justices Edwards and Chapman. Costs were allowed on th*, \<| highest scale, and conditional leave of .$, appeal to the Privy Council was granted. *| Judgment was delivered in the case ,\ Marconi Wireless Telegraph Company }M versus the King. The majority of a the Appeal Court (Justices Williams, tl Denniston, Edwards and Chapman, Sir "% Robert Stout dissenting) he,ld (1) that ,'J the petition disclosed a cause of action ' % in respect to present user only, not in \3 respect to threatened use under con*, ■'*§ tract; (2) that the Court on a petition % of right had a right to try the validity \'M of a patent, also the question of user; : ,M (3) the Court could not give the relief K m claimed, but could make a declaratory 'M decree as to user and the right to have 4! compensation assessed under section 31: i of the New Zealand Patents, Designs and- S Trade Marks Act, 1908. Each party is JI to pay its own costs. , 'M